Les Cadres quasi-indépendants : : du contrat de travail au contrat d activité dépendante

Abstract : The management and professional employee population which is rapidly expanding has been classified in 3 categories by the Aubry 2 law. The first of these three categories covers management/professional employees who have retained a traditional work profile. The second and third categories cover employees enjoying more autonomy and senior managers, both of the latter are far removed from the traditional manufacturing environment due to their self sufficiency and technical know-how. Our centre of interest is focused on these virtually independent employees. Their professional behaviour bears less and less relationship to current labour law, the traditional contract of employment is disconnected from the professional environment of today s manager who is independent, autonomous and takes part in senior management responsibilities.Faced with the inadequacy of current labour law it is necessary to develop a new legal approach for these independent managers / professional employees.Inspite of the unrelenting expansion of labour legislation a form of cohabitation between wage earners and self employed is developing. The emergence of activity based labour legislation bringing together basic generic regulations and overcoming the customary split between salary earners and free lance activities may be a suitable approach for the new independent management and professional categories wishing to move away from the standard form of welfare protection written into labour law. Therefore rather than forcing traditional labour legislation by multiplying exceptions and opt outs to protect pseudo wage earners it seems preferable to encourage a move away from the contract of employment approach towards a company contract which could, as required, be adapted to employees who are subordinated to an employer and thus need the protection of a standard contract of employment.
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Anne-Claire Alibert. Les Cadres quasi-indépendants : : du contrat de travail au contrat d activité dépendante. Droit. Université d'Auvergne - Clermont-Ferrand I, 2005. Français. ⟨NNT : 2005CLF10288⟩. ⟨tel-00663180⟩

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